• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

22 states fight California gun restrictions, urge Ninth Circuit to rule against large-capacity magazine ban

Reptile

NES Member
Joined
Dec 13, 2006
Messages
28,003
Likes
20,273
Feedback: 123 / 0 / 0

A three-judge panel upheld a ruling that the magazine ban was unconstitutional last year​

EXCLUSIVE: A coalition of 22 states, led by the Republican attorneys general of Arizona and Louisiana, is urging the Ninth Circuit Court of Appeals to again rule against California’s controversial attempt to ban high-capacity magazines, after the court agreed to reconsider its decision to rule it unconstitutional.

"California politicians are at it again, convinced that their agendas should override the Constitutional rights of the people," said Attorney General Mark Brnovich, a Republican, in a statement, announcing the filing of an amicus brief. "Attempts to undermine the Second Amendment or any of our civil rights and liberties should be met with deep skepticism and vigorous opposition."

California passed a ban on magazines of 10 bullets or more in 2016. A ruling by a federal judge that it was unconstitutional was upheld by a three-judge panel on the Ninth Circuit last year. In February, the court agreed to have an 11-judge panel rehear the case.

"Large-capacity magazines have been used in many horrific mass shootings around the country, including right here in California," said then-California Attorney General Xavier Becerra, a Democrat, in February. "That’s why today’s decision by the Ninth Circuit to rehear this case is critical; it is the next step in the defense of our state’s commonsense gun laws."

The 22 states have filed an amicus brief in support of the pro-gun rights side, arguing that it violates Americans’ Second Amendment right to bear arms. They say it bans the possession of arms even for self-defense, since the magazines that are banned are integral to some of the most popular firearms.

"California is trying to turn otherwise law-abiding citizens into criminals simply for owning the magazines that come standard to many of the most popular firearms in our country," Louisiana Attorney General Jeff Landry said in a statement. "As radical leftist lawmakers in California and beyond persist in their attempts to legislatively overrule our constitutional rights, I will continue to stand strong in defense of our right to keep and bear arms."

The 22 states with Republican state attorney generals signed onto the amicus brief include Alaska, Georgia, Indiana, Montana, Ohio, South Dakota, Texas and West Virginia. Oral arguments are scheduled to begin on the case in June.


 
This is an interesting case because if the 9th rules in our favor, the state has the option of appealing or not and they can do what DC did and take the loss and not let this issue get to SCOTUS. It would kill this mag ban in CA, and maybe HI too but if they rule against, then it is sure to get appealed and land at SCOTUS where they may or may not punt again but they could take this and run with it which would fix the issue nationwide and short circuit federal level bans.
 
We will likely know what the result of the en banc will be based on the 10 randomly chosen judges from the 9th to hear it (the chief always is part of the en banc, Sidney Thomas is as anti 2A as they get)

if 6 of the 10 judges are trump and bush judges, they are very likely to uphold the panel decision. There are some very promising cases in the 9th.
 
Back
Top Bottom